Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.

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Drunk driving (or drugged driving) can be prosecuted as either a violation of Colorado DUI laws or Colorado DWAI laws depending on the circumstances. DUI is a more serious offense than DWAI.

Definition of DUI and DWAI

DUI is short for "driving under the influence" of alcohol or drugs. DWAI is short while "driving while ability impaired" from alcohol or drugs.

Drivers with a blood alcohol content (BAC) of .08% or higher are typically charged with DUI, whether or not they are driving safely. Driving with a BAC of at least .08% is per se illegal in Colorado.

Meanwhile, drivers pulled over with a BAC of less than .08% but at least .05% are typically charged with DWAI. Police have sufficient grounds for arrest as long as the driver's ability to drive was at least slightly impaired by drugs or alcohol.

Penalties for DUI and DWAI

A first-time offense of DUI or DWAI is a misdemeanor in Colorado, but a DUI carries harsher penalties than DWAI.

Note that a first-time DWAI does not carry automatic license suspension.

Even though a first-time DWAI carries lesser penalties than a first-time DUI, the punishments for any subsequent DUIs or DWAIs are identical. It does not matter if the prior drunk driving conviction was from several years ago or another state: Any subsequent conviction will carry a harsher penalty than the first.

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